Walsh & Baron [2012] WADC 165

Posted 6th December 2012 by Dirk Klicker

VIOLENCE RESTRAINING ORDER | OFFENSIVE TEXT MESSAGES

by Dirk Klicker

The parties had a passionate relationship for about 6 months.

Ms Baron terminated the relationship by telephone.

Mr Walsh sent a number of offensive text messages but subsequently apologised in a letter.

Mr Walsh had stopped contacting Ms Baron for about a week before being served with the interim violence restraining order.

The parties had a 6 day hearing in the Magistrates Court of Western Australia.

The VRO was granted against Mr Walsh for a period of 5 years and Mr Walsh was ordered to pay Ms Baron’s costs in the sum of about $33,000.00.

Mr Walsh being aggrieved by the decision appealed to the District Court of Western Australia.

Mr Walsh’s appeal was successful on the ground that his conduct was not ongoing.  Mr Walsh’s letter of apology had a significant impact.

The Court said “The purpose of restraining orders is not to protect people from the emotional fallout of a failed relationship, which may be bitter, spiteful and unpleasant, but to protect them from violence in the form of acts of abuse…”

For a full extract of the decision click here.